Bias

Question 1

MacCarthy (quote)

Answer 1

The appearance of bias is sufficient; “it is not merely of some importance, but…fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done”

Question 2

Pinochet (No.2) - 2 precedents

Answer 2

If the decision-maker is directly affected by the decision he is automatically disqualified; “a man may not be the judge in his own cause”

If the decision-maker is closely aligned with a party to the proceedings he is automatically disqualified, but this should be narrowly read

Question 3

Grand Junction Canal

Answer 3

If D has a financial or proprietary interest in the outcome of the decision he is automatically disqualified

Question 4

Locabail

Answer 4

Automatic disqualification does not apply if D only has a highly speculative interest in the decision (his deriving a benefit from the outcome is contingent on the occurrence of a long and unlikely chain of events)

Question 5

Porter v Magill

Answer 5

If the circumstances would lead a fair-minded and informed observer to conclude there was a real possibility of bias, the decision is tainted even if automatic disqualification is not engaged.

Question 6

How informed is the fair-minded observer?

Answer 6

There is controversy over whether the “fair-minded observer” is merely as well-informed as an ordinary member of the public (Medicaments) or very well-informed in the relevant field (Taylor v Lawrence)

Question 7

Island Farm

Answer 7

The fair-minded observer is taken to accept that decision-makers may be predisposed to a certain policy but NOT that D may lapse into predetermination

Question 8

Kirkstall

Answer 8

The automatic disqualification/FMO tests are of general application in public law and not limited to quasi-judicial bodies or proceedings